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NY I84728




September 19, 2002

CLA-2-68:RR:NC:2:226 I84728

CATEGORY: CLASSIFICATION

TARIFF NO.: 6802.93.00, 6802.99.00
Ms. Carol Nelson
World Project Services International, Inc. 16238 42nd Avenue South
Seattle, WA 98188

RE: The tariff classification of five stones from Italy

Dear Ms. Nelson:

In your letter dated August 8, 2002, on behalf of Marquez Inc., DBA Oregon Tile & Marble, Inc., you requested a tariff classification ruling. Five representative samples were submitted and were sent to our Customs laboratory for analysis.

You indicated in your letter that you wish to import stone products in various sizes. The stone products vary from 12” x 12” tiles (generally 3/8” thick) to various sizes of slabs (generally 2 cm or 3 cm thick).

The first sample, which is identified as “Viara Gold”, consists of two beige and brown irregularly shaped stones with rough edges and a polished surface. Our laboratory has determined that this sample is composed of unagglomerated granite.

The second sample, which is identified as “Baltic Brown”, is an irregularly shaped black and brown stone, polished on one side, with rough, uncut edges. It measures approximately 2 cm in thickness. Our laboratory has determined that this item is composed of unagglomerated granite.

The third sample, which is identified as “Pine Green/Ocean Etoli”, consists of three irregularly shaped black stones with roughly cut edges. Each stone has a polished surface and measures approximately 2 cm in thickness. Our laboratory has determined that this stone is composed of unagglomerated granite.

The fourth sample, which is identified as “Kashmere Gold”, is a broken piece of stone with a yellow and brown crystal texture. It has a polished surface and measures approximately 2 cm in thickness. Our laboratory has determined that this stone is composed of unagglomerated granite.

The applicable subheading for these four items will be 6802.93.00, Harmonized Tariff Schedule of the United States (HTS), which provides for worked monumental or building stone (except slate) and articles thereofother: granite. The rate of duty will be 3.7 percent ad valorem.

The last sample, which is identified as “Juparana Colombo”, is a stone characterized by compositional banding. Its banded texture consists of alternating reddish/brown bands, and off-white bands that include some black and gray. It has a polished surface and measures approximately 2 cm in thickness. Our laboratory has determined that this stone is composed of non-agglomerated gneiss (other stone).

The applicable subheading for this item (Juparano Colombo) will be 6802.99.00, HTS, which provides for worked monumental or building stone (except slate) and articles thereofother: other stone. The rate of duty will be 6.5 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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